The proposal includes a new Act regulating the supervision of the electricity and natural gas markets. The duties and powers of the national supervision authority, the Energy Market Authority, would be included in the said act. Furthermore, the new Act would also cover provisions on a system of imposing fines for infringements.
Administrative enforcement would only be applied when it is necessary and only to the extent required in each particular case, thus respecting the principle of proportionality. The proposal would also incorporate the requirements set in EU law regarding the tasks, authority and independence of the national regulator.
The proposal include a new infringement fine procedure that would be similar to the one regulated under the Finnish Competition Act. According to the proposed Bill the infringement fine would be imposed by the Market Court upon the proposal of the Energy Market Authority.
The scope of infringements from which an infringement fine would be imposed is proposed to be wider than what is required by the Directives meaning that not only vertically integrated undertakings would be effected. Further, it is proposed that the infringement fine could also be imposed in relation to certain kinds of disruptive behavior.
Supervision of electricity and natural gas grids would otherwise remain mostly the same with both advance supervision – mainly in the form of confirmation decisions on permitted terms and pricing – and after the fact supervision maintaining their respective roles. Furthermore, the necessary powers for the Energy Market Authority regarding supervision of liquefied natural gas treatment plants and natural gas storage equipment would also be included